Default Notice Advice

woollard16

Hi,

I recently recieved a letter from a company called Mackenzie Hall saying that they have purchased a debt from a company called Quick Quid.

In the letter it states that Quick Quid have registered a default notice on my credit file. After checking my credit report it says that they (Mackensie Hall) registered the default not Quick Quid. Also the letter they sent was dated 09/04/11 and the default was registered on 29/03/11. After going through all the letters I've received from both companies, neither of them have issued a "Default on fixed-sum loan agreement" letter before issuing the default.

I have 2 questions;

1. Who out of the 2 compainies can register the default on my credit file and what notices should they have sent before they did it?

2. Can I request for it to be removed as I didn't receive the correct paperwork before they registered the default?

Thanks

CollectionsExpert

the company who the debt was held with would be the ones to register a default, and in my exerience they have to send a Notice of Default letter and a Final Demand letter before the account defaults. though there could be a varying policy between companies regarding the letter and who registers the default

you could request for it to be removed if you havent recieved those letters, but why did they default anyway? were you on an agreement or making regular payments?

its best to call the company who the debt was with first and find out what has happened and why

woollard16

I lost my job and was un-able to make payments. I kept them up-to-date though with weekly e-mails etc. But then got an e-mail from them saying that they had sold my debt and had issued a default on my credit report, but I didn't receive anything else in writing prior to this.

chanz4

oh dear a genuine debt for MH to actually chase

CollectionsExpert

seems very swift of them to do that. but generally, emails wouldnt be sufficient to stop action. you need to agree to a plan to stop/delay things

woollard16

I'm in a payment plan now, but was wondering if I should contest the default notice?

CollectionsExpert

woollard16 wrote: »

I'm in a payment plan now, but was wondering if I should contest the default notice?

by all means contest the default because you didnt get a notice of default or final demand, it's certainly fair grounds to do so. it may work it may not.

good luck

Hanky_Panky

CollectionsExpert wrote: »

by all means contest the default because you didnt get a notice of default or final demand, it's certainly fair grounds to do so. it may work it may not.

good luck

What do you think a default is if not a notice of default ? Also final demands can also be used for non regulated debt so slightly different and possibly not applicable in the OP's case.

The only 'regulation' as far as I am aware is that a default notice has to be issued prior to any legal action - it's not a requirement that it has to be issued if no LA is being taken nor is it an indicator that LA will happen just because a default is issued. Makes little or no difference as to who issues it.